The Law & International Marriages

Law n. 218/1995 of the Italian system of private international law rules on family relationships concerning separation and dissolution of marriage.

The subject of family relationships, with specific regard to marriages contracted abroad or between persons having different citizenship, is regulated in Italian law n. 218 which, in 1995, reformed the system of private international law.

In order to avoid potential conflicts between Italian law and the laws of a foreign state (and also due to the increased number of marriages celebrated abroad or between citizens of different nationalities) rules have been established regarding the identification of the applicable law as well as cases in which Italian jurisdiction exists.

The general criterion chosen, both in the context of personal relationships and of the patrimonial relationships (articles 29 and 30), is constituted by the application of the common national law of the two spouses; however, in the moment in which spouses have different citizenship, citizenship recourse will be provided to the law of the State in which the married couple primarily lives.

Patrimonial relations

Contents

Patrimonial relations Marriage abroad Separation and divorce European legislation on separation and divorce Italian procedural matter and the introduction of "short divorce" In regards to patrimonial relationships, the law provides the right to spouses to apply to the law of the State in which at least one of them is a citizen or in which he/she resides, subject to written agreement that it will be considered valid when decided as such by the law or by that of the place where the agreement was made.

Then there are further specific rules and exceptions to the criteria identified above. With reference to marriage capacity and other conditions for contracting marriage, according to art. 27, these conditions are regulated by the national law of each of the betrothed at the time of marriage.

Marriage abroad

In regards to marriage celebrated abroad - between Italian citizens and foreigners or foreigners residing in Italy - the marriage is considered formally valid when such is considered by the law of the place of celebration, or by the law of the State of common residence at the time of celebration (Article 28).

In the presence of these requirements, where the requirements of the lex loci (law of place) are met, marriage celebrated abroad is considered immediately valid and effective in Italy, albeit subject to...